Yaqeen Institute for Islamic Research Insert Full Title of Research Publication
Jihād as Defense: Just-war theory in the
Quran and Sunnah
Justin Parrott
1 | Jihād as Defense: Just-war theory in the Quran and Sunnah
maintain international peace Introduction and security.2
International just-war theory The Charter was originally ratified crystalized after the Second World in 1945 by a number of Muslim- War with the signing of the United majority states including Egypt, Nations Charter in 1945 and the Saudi Arabia, Iran, Iraq, Syria, and subsequent Geneva Conventions of Turkey. 3 Other Muslim states 1949. Article 2 of the Charter would follow until a total of 57 states: Muslim-majority member states
would come together to form the All Members shall settle UN affiliated Organisation of their international disputes Islamic Cooperation (OIC) by peaceful means in such a (formerly Organization of the manner that international Islamic Conference) in 1969. The peace and security, and OIC member states pledge to justice, are not endangered.1 “commit themselves to the
purposes and principles of the This article enshrines a concept of United Nations Charter,” part of jus ad bellum (“justice to war”), or which is adherence to just-war the principle of war as a last resort, theory in international conflicts.4 that all non-violent means of conflict resolution must be The ratification of the Charter was a exhausted before states enter into milestone in the history of war with each other. Nevertheless, humanity as it established rules of the Charter does not negate the war based upon humanitarian values right of states to defend themselves common to nearly all religions and from attack, as stated in Article 51: philosophies. At the time, Muslim- majority states and their populations Nothing in the present did not see any conflict between the Charter shall impair the principles of the Charter and inherent right of individual traditional conceptions of jihād, the or collective self-defense if Islamic equivalent of just-war an armed attack occurs theory. against a Member of the The view of Islam in some parts of United Nations, until the West, however, failed to make this Security Council has taken important connection between measures necessary to traditional Islam and modern 2 | Jihād as Defense: Just-war theory in the Quran and Sunnah values. Building upon centuries of bias, some Orientalist scholars in Just-war in the the West portrayed Islam as an Quran and Sunnah inherently expansionist and aggressive ideological religion that received ﷺ Prophet Muhammad rejects the principles of war as a last his first divine revelations in Mecca resort and religious freedom. This and he peacefully preached the misperception is exacerbated by today’s jihādist extremists who repeat message of Islam to the Meccans the exact same scriptural and legal for thirteen years until an arguments as the Orientalists. The intolerable level of persecution result is that common Muslims forced him and his followers to flee living in Western societies are to the nearby town of Yathrib (later considered foreign and dangerous known as Medina). Despite members of a transnational, emigrating outside of Mecca, the subversive political movement. Meccans headed by the Quraish These negative stereotypes have led aristocracy vowed to exterminate to hate crimes, government- the newly formed religious sanctioned discrimination, and community. Within this context, militarism. the first verses to mention warfare were revealed: On the contrary, the basic source texts of Islam, the Quran and Those who have been Sunnah, express the principles of attacked are permitted to jus ad bellum in a number of ways. take up arms because they Our analysis will demonstrate, God have been wronged—God willing, that these key principles has the power to help had been established by the them—those who have been driven unjustly from himself and have ﷺ Prophet their homes only for saying, continued to be the majority ‘Our Lord is God.’ If God opinion of jurists throughout did not repel some people Islamic history until the present. by means of others, many
monasteries, churches, synagogues, and mosques, where God's name is much invoked, would have been destroyed. God is sure to 3 | Jihād as Defense: Just-war theory in the Quran and Sunnah
help those who help His as jus in bello (“justice in war”), the cause—God is strong and law of war that protects civilians mighty.5 and non-combatants.
According to classical exegete al- Abdullah ibn Abbās (d. 687), the ﷺ Qurṭubī (d. 1273), this was the first cousin of Prophet Muhammad verse to be revealed about war.6 and one of the earliest authorities This verse establishes the inherent in Quranic exegesis, interpreted right of individuals and nations to this verse as prohibiting aggression defend themselves. Moreover, the against all categories of peaceful mention of “monasteries, churches, people: synagogues,” indicates that the right to self-defense is universal and Do not kill women, extends to religions and children, old men, or philosophies besides Islam. The whoever comes to you with purpose of legal warfare is to repel peace and he restrains his aggression and protect human hand [from fighting], for if rights, not to exterminate other you did so you would have religions. certainly transgressed.9
Another verse revealed early in the Umar Abdul Azīz (d. 720), the Medinan phase reinforces this Umayyad Caliph, interpreted the principle: protected classes of people in a manner consistent with what we Fight in God's cause against call “civilians” today: those who fight you, but do not overstep the limits: God [Do not transgress] does not love those who regarding women, children, overstep the limits.7 and whoever is not waging war against you among Some of the early authorities them.10 considered this the first verse to be revealed about war.8 In both verses, The classical exegete al-Bayḍāwī (d. war is limited to defense of the 1286) listed the initiation of community. The phrase “do not hostilities, among other misdeeds, overstep the limits” or “do not as a form of prohibited transgress” (wa lā ta’tadū) transgression: encompasses jus ad bellum as well 4 | Jihād as Defense: Just-war theory in the Quran and Sunnah
[Do not transgress] means army as a “shield” and not as a by initiating the fighting, or sword: by fighting those protected by a peace treaty, or by Verily, the leader is only a fighting those who never shield behind whom they received the call to Islam, or fight and he protects them. to commit mutilation or to If he commands the fear of kill whomever it has been God the Exalted and justice, forbidden to kill.11 then he will have a reward. If he commands something in multiple else, then it will be against ,ﷺ The Prophet narrations, stated that among the him.14 worst sinners are those who initiate hostilities: This defensive imagery is a symbolic way of conveying to Muslims the Verily, the most tyrannical of proper role of an organized army in people to God the Exalted is Islam. Jihād is primarily a means of he who kills those who did defense, not conquest. not fight him.12 A key question in just-war theory is the issue of casus belli: what forbade provocations determine if warfare ﷺ Moreover, the Prophet Muslims from desiring to fight the is an appropriate response? enemy: According to classical jurist Ibn Taymiyyah (d. 1328), jihād is a Do not wish to meet the response to military aggression and enemy [in battle], but if you meet them then be patient.13 not merely religious difference. There is no evidence in the source
texts of Islam that permit Muslims Unlike other texts that prohibit to attack or kill civilians or invade aggression, this tradition goes non-hostile nations. He asserts that deeper to the level of the heart; a this was the view of the majority of Muslim is not allowed to even Muslim scholars: hope for violent retaliation upon the enemy. As for the oppressor who
does not fight, then there ﷺ In this vein, the Prophet are no texts in which God described the leader of the Muslim commands him to be 5 | Jihād as Defense: Just-war theory in the Quran and Sunnah
fought. Rather, the some Muslims were granted asylum unbelievers are only fought in Abyssinia. Their generosity did on the condition that they not go unappreciated. As a result, encouraged ﷺ wage war, as is practiced by the Prophet the majority of scholars and Muslims to maintain peaceful as is evident in the Book relations with them and this and Sunnah.15 practice persisted:
Indeed, a following verse after Leave the Abyssinians alone 2:190 makes clear that warfare in as long as they leave you Islam is only a reaction to violent alone, and leave the Turks provocation. If the aggressors give alone as long as they leave up their fight, then there is no just you alone.18 cause for war: The classical jurist Ibn Rushd (d. Fight them until there is no 1198), known in the West as more persecution, and Averroës, reported that the inhabitants worship is devoted to God. of Medina never attacked the If they cease hostilities, there Abyssinians or the Turks: can be no [further] hostility, except towards aggressors.16 Mālik was asked about the authenticity of this tradition. According to Ibn Ḥajar al-Haytamī (d. He did not acknowledge it, 1566), scholars such as al- but said: People continue to Zamakhsharī (d. 1144) considered the avoid attacking them.19 obligation of jihād as a means to this end and not an end in itself. If Several verses express peace as a Islam and Muslims can be fundamental value in Islam. In one protected without resort to warfare, verse, the word “peace” is used as then way of non-violence is given a synonym for Islam: preference.17 You who believe, enter In practice, the early Muslims did wholeheartedly into not attack their peaceful neighbors. submission to God [silm] An example of this is the amicable and do not follow in Satan's relations the Muslims had with footsteps, for he is your Abyssinia (in present-day Ethiopia). sworn enemy.20 Before the migration to Medina, 6 | Jihād as Defense: Just-war theory in the Quran and Sunnah
Many of the early authorities Other verses instruct the Muslims interpreted silm in this verse to to accept peace offerings from their mean Islam itself. 21 Translator enemies. If the enemy offers terms Abdel Haleem notes that silm also of peace, then there is no legal means peace. Islam, in other justification for hostilities: words, literally means a state of peace. But as for those who seek refuge with people with Peace itself is one of the attributes whom you have a treaty, or instructed who come over to you ﷺ of God. The Prophet Muslims to pray for peace after because their hearts shrink every prayer: from fighting against you or against their own people, O God, you are peace and God could have given them from you is peace. Blessed power over you, and they are you, the Majestic and would have fought you. So Generous.22 if they withdraw and do not fight you, and offer you In fact, the first sermon of the peace, then God gives you upon arrival in Medina no way against them.24 ﷺ Prophet exhorted Muslims to spread peace, as recounted by Abdullah ibn Salām (d. And in another verse: 630): But if they incline towards I came along with the peace, you [Prophet] must people to see him and when also incline towards it, and I looked at the face of the put your trust in God: He is Messenger of God, I the All Hearing, the All realized that his face was Knowing.25 not the face of a liar. The instructed Alī ibn ﷺ first thing the Prophet said The Prophet was this: O people, spread Abī Ṭālib (d. 661), who would later peace, feed the hungry, and become the fourth of the righteous pray at night when people Caliphs, to seek peaceful are sleeping and you will resolutions to conflict whenever enter Paradise in peace.23 possible:
7 | Jihād as Defense: Just-war theory in the Quran and Sunnah
Verily, after me there will be Muslims was forbidden unless conflicts or affairs, so if you Muslims were too weak to fight. In are able to end them in contrast, the majority held that peace then do so.26 peaceful verses restricted verses of war: Ammār ibn Yāsir (d. 657), one of the Prophet’s companions, considered Those who upheld the the message of world peace to be permission of making a integral to Islamic faith: truce [ṣulḥ] when the imām saw an interest (of the Whoever has three qualities Muslims) in this are Mālik, al- will have completed the Shāfi’ī, and Abū Ḥanīfa… faith: fairness from yourself Those who maintained that to others, offering peace to the verse implying peace the world, and spending in has restricted [mukhaṣṣaṣah] charity even while poor.27 the other said that truce is permitted if the imām Put differently, the faith of Islam is considers it proper. They based upon justice, peace, and supported this interpretation charity. with the act of the Prophet, God’s peace and blessings be upon him, in this case because Those who imagine an aggressive, his truce in the year of al- expansionist Islam are unable to Ḥudaybiya was not based convincingly explain away these upon necessity.29 texts. The standard response is to resort to the doctrine of abrogation The advocates of abrogation refer (naskh) in which it is claimed the to isolated verses in Surat al- “sword verses” cancel everything Tawbah, one of the last complete we have cited to this point. Many chapters to be revealed, as setting classical jurists rejected this view, the tone for Muslim and non- including Abū Jaʿfar al-Naḥḥās (d. Muslim relations. Critical and 949), Ibn al-Jawzī (d. 1201), and al- contextual analysis of this chapter, Suyūtī (d. 1505).28 however, demonstrates that just-
war principles in previous verses According to Ibn Rushd, only a continued to remain operative. minority of classical jurists appealed to abrogation to justify their opinion that peace with non- 8 | Jihād as Defense: Just-war theory in the Quran and Sunnah
The most commonly cited “sword are people with no verse” commands Muslims to fight, knowledge [of it].31 in self-defense, against enemies who habitually broke their peace Furthermore, the passage treaties: immediately following lays out the context in which the command to When the [four] forbidden fight is justified: months are over, wherever you encounter the idolaters, How could there be a treaty kill them, seize them, with God and His besiege them, wait for them Messenger for such at every lookout post; but if idolaters? But as for those they turn [to God], maintain with whom you made a the prayer, and pay the treaty at the Sacred Mosque, prescribed alms, let them go so long as they remain true on their way, for God is to you, be true to them; most forgiving and God loves those who are merciful.30 mindful of Him. [How,] when, if they were to get the The phrase “kill them, seize them,” upper hand over you, they is often cited alone without would not respect any tie reference to surrounding verses or with you, of kinship or of even the second part of the verse treaty? They please you with that emphasizes God’s mercy. Yet, their tongues, but their conversion to Islam is not the hearts are against you and reason this command was given. most of them are The following verse offers asylum lawbreakers. They have sold and safe passage to any enemy God's message for a trifling who requested it, regardless of gain, and barred others from whether they accepted Islam or His path. How evil their not: actions are! Where believers are concerned, they respect If any one of the idolaters no tie of kinship or treaty. should seek your protection They are the ones who are [Prophet], grant it to him so committing aggression. If that he may hear the word they turn to God, keep up of God, then take him to a the prayer, and pay the place safe for him, for they prescribed alms, then they 9 | Jihād as Defense: Just-war theory in the Quran and Sunnah
are your brothers in faith: verses including, ‘There is We make the messages clear no compulsion in religion,’ for people who are willing (2:256) and even according to learn. But if they break to one solitary extremist, their oath after having made ‘God is forgiving and an agreement with you, if merciful.’ they revile your religion, then fight the leaders of This far-fetched disbelief—oaths mean interpretation isolates and nothing to them—so that decontextualizes a small they may stop. How could part of a sentence and of a you not fight a people who passage which gives many have broken their oaths, reasons for the order to fight who tried to drive the such polytheists: they Messenger out, who continually broke their attacked you first? Do you agreements and aided fear them? It is God you others against the Muslims, should fear if you are true they started hostilities believers.32 against the Muslims, barred others from becoming It is noted that the offending party Muslims, expelled them honored neither their peace from the Holy Mosque and treaties, nor the traditional Arab even from their own homes. sense of honor. Only by ignoring At least eight times the this greater context can advocates passage mentions the of abrogation uphold their opinion. misdeeds of these people M.A.S. Abdul Haleem points out against the Muslims. the flaws in this interpretation: Moreover, consistent with The main clause of the the restriction of war sentence, ‘kill the elsewhere in the Quran, the polytheists,’ is singled out by immediate context of this some non-Muslims as ‘sword verse’ exempts such representing the Islamic polytheists who do not attitude to war. Even some break their agreements and Muslims takes this view and who keep peace with allege that this verse Muslims. It orders that those abrogated many other enemies seeking safe 10 | Jihād as Defense: Just-war theory in the Quran and Sunnah
conduct should be protected and delivered to In the case of Surat al-Tawbah, the place of safety they several previous verses encouraged seek. The whole of this Muslims to forgive and patiently context to verse 9:5, with all endure their persecution. Only after its restrictions, is ignored by the persecution became intolerable those who simply isolate were these sword verses revealed one part of a sentence to as exceptions to the general rule of build on it their theory of forgiveness, not for war to be the violence in Islam.33 general rule itself.
Many jurists and scholars did not Answering the accept the argument that sword verses abrogated peaceful verses. proof-texts Even those who claimed peaceful verses were “abrogated” did not As we have seen, a large amount of necessarily mean, in their technical evidence in Islamic texts can be terminology, that they were marshalled in support of the cancelled or negated altogether. principles of jus ad bellum. More could have been presented here According to classical jurist Ibn were it not for limitations of space. Rajab (d. 1393), the use of the word “abrogation” (naskh) by early The typical rebuttal of this material authorities usually did not mean by anti-Muslim activists and cancellation. Rather, it was that Muslim extremists, we noted, was that later verses clarified, an appeal to the doctrine of explained, and sometimes provided abrogation, by which they exceptions to general rules laid incorrectly mean cancellation. down in previous verses: Verses, traditions, and statements of jurists are often quoted in isolation, Their intended meaning of without context, to support their the word ‘abrogation’ is unwarranted claims. A few “proof- explanation [al-bayān] and texts” used in this manner need to clarification [al-īḍāḥ]. be examined. Indeed, the righteous predecessors [al-salaf] would One verse, on the surface, appears often use the word to encourage warfare against Jews abrogation in this way.34 11 | Jihād as Defense: Just-war theory in the Quran and Sunnah and Christians due to their lack of The cause of the battle was faith in Islam: that the Messenger of God, peace and blessings be upon Fight those of the him, sent Ḥārith ibn Umair al- People of the Book Azdī of the tribe of Lihb with who do not his letter to Syria for the [truly] believe in God Roman king or Buṣrā. He and the Last Day, who presented it to Sharḥabīl ibn do not forbid what God ‘Amr al-Ghassaāni and he and His Messenger bound him and struck his have forbidden, who neck. Never had an do not obey the rule of ambassador of the justice, until they pay Messenger of God been the tax and agree to killed besides him. [The submit.35 Prophet] was upset by that when news reached him and he dispatched an An important principle of Quranic 37 exegesis is to consider the “causes expedition. of revelation” (asbāb al-nuzūl) when deriving meaning from the text. In This incident made clear that other words, we need to examine peaceful relations with the Romans the historical context. were not possible at the time. Hence, the verse 9:29 was revealed According to al-Ṭabarī (d. 923), this in response, consistent with the verse was revealed prior to the battle rules in previous verses. of Tabūk.36 The reason for the Tabūk expedition was due to the Most scholars did not consider assassination of one of the unbelief in Islam itself as a casus -ambassadors at the belli or justification for war. Ibn al ﷺ Prophet’s hands of a Roman ally, leading to Qayyim reports the view of these the battle of Mu’tah. jurists:
According to classical jurist Ibn al- Fighting is only necessary to Qayyim (d. 1350), the Romans confront war and not to committed the first acts of war that confront unbelief. For this led to the confrontations at Mu’tah reason, women and children and Tabūk: are not killed, neither are the elderly, the blind, or 12 | Jihād as Defense: Just-war theory in the Quran and Sunnah
monks who do not In the narration of Anas ibn Mālik (d. said he was ﷺ participate in fighting. 709), the Prophet Rather, we only fight those commanded to fight “the idolaters,” who wage war against us. which would exclude Jews, This was the way of the Christians, and people of the Book. Messenger of God, peace 40 According to classical exegete and blessings be upon him, Ibn Kathīr (d. 1373), this statement with the people of the earth. refers to the idolaters mentioned in He would fight those who verse 9:5, whom we noted were declared war on him until habitually violating the peace. 41 they accepted his religion, The phrase “the people,” then, or they proposed a peace does not mean people in general. treaty, or they came under his control by paying In fact, the scholar al-Nasā'ī (d. 915) tribute.38 uses this tradition as evidence for the prohibition of bloodshed In light of this, the verse 9:29 (taḥrīm al-damm), as an injunction cannot be reasonably be used as a to end bloodshed and not to initiate proof of a violent Islam. it. The “people” to be fought, in this reading, are specifically those Another tradition cited to make who commit aggression and Islam appear violent is the forcibly obstruct others from freely following: accepting Islam.
I have been commanded to This understanding was expressed fight the people until they say by Ibn Taymiyyah in his comments there is no God but Allāh.39 on the tradition:
Again, a surface reading without The meaning of this tradition context will cause an unsettling is to fight those who are misinterpretation. Other versions of waging war whom God has this tradition include qualifying called us to fight, and it aspects that restrict “the people” does not mean to fight those who should be fought. Who exactly who have made peace with are these people? Why did the whom God has commanded say this? us to fulfill their peace.42 ﷺ Prophet
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What is more, the narration of Jābir commanded him: There is ,no compulsion in religion ﷺ d. 697) adds that the Prophet) recited immediately after this for right guidance is distinct statement the following verses: from error (2:256).46
Your only task is to give Therefore, the command to fight warning, you are not there “the people” refers to specific to control them.4344 people in specific circumstances; it does not permit conversion by Early Muslim authorities, such as force. To fight them until they the companion Sa’īd bin Zayd (d. declare the testimony of faith 671), understood this verse to implies the rule that the enemy’s prohibit compulsion in religion: acceptance of Islam would immediately end the battle, among You are not an authority other possible means to cease over them to coerce them hostilities. into faith.45 Finally, we need to understand The verses mitigate the initial something about the structure of statement and negate the claim that classical Islamic legal theories and the purpose of fighting is to force the context in which they operated. conversions to Islam. Ibn Al- In the ancient world, war was the Qayyim rejected any claim that the general rule and the norm; peace ever coerced someone was the exception. English political ﷺ Prophet to accept Islam: theorist Thomas Hobbes (d. 1679) asserted that, without a legal [The Prophet] never forced authority to enforce peace, people the religion upon anyone, “are in that condition which is but rather he only fought called war, and such a war as is of those who waged war every man against every man.”47 In against him and fought him other words, every nation was first. As for those who made assumed to be at war with every peace with him or other nation by default. conducted a truce, then he never fought them and he As a matter of fact, nation-states never compelled them to today would still be in a default enter his religion, as his Lord state of war were it not for the the Almighty had United Nations Charter. People 14 | Jihād as Defense: Just-war theory in the Quran and Sunnah born after World War 2 take for Dr. Sherman Jackson explains the granted that it is because of the context of this early legal thinking: Charter that nation-states are relatively at peace with each other; While the imperial quest for in its absence, conflict would empire invariably informed become the international norm the policies of every Muslim again. state, Muslim juristic writings continued to reflect The founding jurist al-Shāfi’ī (d. 820) the logic of the ‘state of war’ constructed his theory of war and the assumption that only within this social context. The Muslims would permit default state was, it was assumed, Muslims to remain Muslims. that other nations must be They continued to see jihād considered hostile to Muslims not only as a means of unless an explicit peace treaty has guaranteeing the security been ratified. According to Ibn and freedom of the Muslims Rushd: but as virtually the only means of doing so. For even The principle of al-Shāfi’ī is peace treaties were usually the command to fight until the result of one's surrender to they believe or pay jizya demands that had been [tribute], and this, in his imposed by a real or view, was restricted by the anticipated defeat by the act of the Prophet, God’s sword… The purpose of jihād, peace and blessings be upon in other words, is to provide him, in the year of al- for the security and freedom Ḥudaybiya.48 of the Muslims in a world that kept them under In al-Shāfi’ī’s theory, other nations constant threat.49 were considered hostile as a rule but this was mitigated by the fact This is not to say that al-Shāfi’ī and that the Muslim leadership had the jurists who followed him broad permission to negotiate encouraged hostility and discouraged peace agreements. Nations had to peace. On the contrary, many of al- necessarily enter into peace treaties Shāfi’ī’s personal sayings eschew with each other as a means of violence: avoiding war.
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The most beneficial of violence. The Quran and Sunnah provisions is the fear of God, permit Muslims to defend and the most harmful of themselves from aggression, while provisions is aggression also limiting warfare to the purpose (‘udwān).50 of preserving security, freedom, and human rights. Clarity on this Rather, the realities of the ancient issue should help remove the world forced Muslim jurists to misperception that Islam is, by construct a legal framework that nature, an aggressive political accurately depicted the default state of ideology that threatens the West, as war in which they lived. Even so, the well as reduce the discrimination, chapters on jihād always suspicion, and hostility incorporated chapters of experienced by Muslim citizens in jurisprudence pertaining to peace Western countries. treaties. Although some jurists set time limits for peace treaties, others Success comes from Allah, and such as Mālik ibn Anas (d. 795) Allah knows best. allowed treaties without any limit.51 The state of war was never viewed as permanent, or even desirable.
To put it another way, the works of early jurists on jihād were describing the constant state of war in which they lived, rather than prescribing it as the preferred state of affairs. The problem with anti-Muslim extremists and jihādists alike is that they mine for quotes in classical legal literature to be cited without appreciation for this social and historical context. Conclusion
The mainstream view of jihād in Islam is consistent with modern international norms of non- 16 | Jihād as Defense: Just-war theory in the Quran and Sunnah
References
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Endnotes
1 http://www.un.org/en/sections/un-charter/chapter-i/index.html 2 http://www.un.org/en/sections/un-charter/chapter-vii/index.html 3 http://www.un.org/en/member-states/ 4 http://www.oic-oci.org/oicv3/page/?p_id=52&p_ref=26&lan=en 5 Surat al-Ḥajj 22:39-40; (all translations of the Quran are from M.A.S. Abdel Haleem’s The Qur'an: English translation and parallel Arabic text). 6 al-Qurṭubī, Jami’ li-Aḥkām al-Qur’an 22:39, v.12 p.68. 7 Surat al-Baqarah 2:190. 8 al-Ṭabarī, Tafsīr al-Ṭabarī 2:190, v.3 p.561. 9 Ibid., v.3 p.563 (author translation). 10 Ibid., v.3 p.562 (author translation). 11 al-Bayḍāwī, Anwār al-Tanzīl 2:190, v.1 p.128 (author translation). 12 Musnad Aḥmad #16376 (15943), v.26 p.298 (author translation); authentic (ṣaḥīḥ) according to Abu Bakr al-Haythamī in Majmaʻ al-Zawāʼid #11731, v.7 p.174. 13 Ṣaḥīḥ al-Bukhārī #3026 (2863), v.4 p.63 (author translation). 14 Ṣaḥīḥ Muslim #1841, v.3 p.1471 (author translation). 15 Ibn Taymiyyah, Kitāb al-Nubūwāt, v.1 p.570 (author translation). 16 Surat al-Baqarah 2:193 17 al-Haytami, Tuḥfat al-Muḥtāj, v.9 p.211 (author translation). 18 Sunan Abī Dāwūd #4309 (4302), v.4 p.114 (author translation); good (hasan) according al-Albānī in Ṣaḥīḥ al-Jāmiʻ al-Ṣaghīr #3384, v.1 p.638. 19 Ibn Rushd, Distinguished Jurist’s Primer, v.1 p.456. 20 Surat al-Baqarah 2:208. 21 al-Ṭabarī, Tafsīr al-Ṭabarī 2:208, v.3 p.595. 22 Ṣaḥīḥ Muslim #592, v.1 p.414 (author translation). 23 Sunan al-Tirmidhī #2485, v.4 p.233 (author translation); authentic (ṣaḥīḥ) according to al-Tirmidhī in his commentary. 24 Surat al-Nisā’ 4:90. 25 Surat al-Anfāl 8:61. 26 Musnad Aḥmad #695 (697), v.2 p.106 (author translation); authentic (ṣaḥīḥ) according to Aḥmad Shakir in Al-Musnad #695, v.1 p.649. 27 Ṣaḥīḥ al-Bukhārī #28, v.1 p.15 (author translation). 28 Yahya Blankinship, Khalid. "Sword Verses." 29 Ibn Rushd, Distinguished Jurist’s Primer, v.1 p.463-464. 30 Surat al-Tawbah 9:5. 31 Surat al-Tawbah 9:6. 32 Surat al-Tawbah 9:7-13. 33 Abdel Haleem, The Qur'an, p. xxiii. 34 Ibn Rajab, Kalimat al-Ikhlāṣ, p.20 (author translation). 35 Surat al-Tawbah 9:29 36 al-Ṭabarī, Tafsīr al-Ṭabarī 9:29, v.11 p.407. 19 | Jihād as Defense: Just-war theory in the Quran and Sunnah
37 Ibn al-Qayyim, Zād al-Ma’ād, v.3 p.336 (author translation). 38 Ibn al-Qayyim, Aḥkām Ahl al-Dhimmah, v.1 p.110 (author translation). 39 Sahih al-Bukhari #25, v.1 p.14 (author translation). 40 Sunan al-Nasā'ī #3966, v.7 p.75. 41 Ibn Kathīr, Tafsīr al-Qur’ān al-‘Aẓīm 9:5, v.4 p.111. 42 Ibn Taymiyyah, Majmū’ al-Fatāwà, v.19 p.20 (author translation). 43 Surat al-Ghāshiyah 88:21-22. 44 Ṣaḥīḥ Muslim #21, v.1 p.52. 45 al-Ṭabarī, Tafsīr al-Ṭabarī, v.24 p.341 (author translation). 46 Ibn al-Qayyim, Hidāyat Al-Ḥayārá, v.1 p.237 (author translation). 47 Hobbes, Leviathan, p.76. 48 Ibn Rushd, Distinguished Jurist’s Primer, v.1 p.464. 49 Jackson, Sherman. "Jihad and the Modern World." 50 al-Bayhaqī. al-Madkhal ilá al-Sunan al-Kubrá #517, v.1 p.326 (author translation). 51 al-Qurṭubī, Jami’ li-Aḥkām al-Qur’an 8:61, v.8 p.41.
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